Date: 2013
Type: Thesis
Innovative aspects of the UN convention on the rights of persons with disabilities
Florence : European University Institute, 2013, EUI, LAW, LLM Thesis
ANIŠIĆ, Maša, Innovative aspects of the UN convention on the rights of persons with disabilities, Florence : European University Institute, 2013, EUI, LAW, LLM Thesis - https://hdl.handle.net/1814/28025
Retrieved from Cadmus, EUI Research Repository
The thesis examines the innovations introduced by the United Nations Convention on the Rights of Persons with Disabilities in the international human rights arena. It addresses three separate aspects of the Convention, i.e., its drafting process, its general and substantive provisions, and its provisions on implementation and monitoring. The main focus of the thesis is on the innovative mechanisms for stronger social rights realisation found within the general and substantive provisions of the Convention. The thesis argues that the Convention’s innovative use of nondiscrimination, equality, and social participation mechanisms presents a new tool that moves social rights closer to civil rights and consequently provides an effective framework for their stronger realisation. The drafting process and the implementation provisions are analysed to the extent to which they relate to the stronger social rights realisation. The thesis argues that the innovations in the drafting process affected the experimental nature of the Convention’s content and explores the future implications of stakeholder participation in the Convention’s drafting process by comparing it to the drafting of other relevant international treaties. The innovations within the implementation and monitoring provisions are relevant to the fostering of social rights, since these provisions are tasked with transforming the Convention’s text into an actual lever of change. The thesis identifies the problems currently faced by the treaty bodies, and provides an overview of the CRPD’s mechanisms to address such problems. The thesis aims to determine whether these innovations are CRPD specific, or part of a broader trend in international human rights law and to offer some concluding remarks on the Convention’s innovative mechanisms, particularly where they relate to fostering the stronger realisation of social rights and their potential to produce effects beyond the scope of disability law.
Additional information:
Award date: 20 June 2013; Supervisor: Dr. Claire Kilpatrick, European University Institute.; PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Cadmus permanent link: https://hdl.handle.net/1814/28025
Series/Number: EUI; LAW; LLM Thesis
Publisher: European University Institute
LC Subject Heading: People with disabilities -- Legal status, laws, etc. -- Europe; Human rights